Opinion
NO. 2017 KW 0517
07-07-2017
STATE OF LOUISIANA v. MARLON CARTER
In Re: Marlon Carter, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 08-14-0830. BEFORE: WHIPPLE, C.J., GUIDRY AND PETTIGREW, JJ.
WRIT DENIED. On February 22, 2016, the trial court acted on relator's motions for speedy trial filed by relator on January 5 & 12, 2015, as instructed by this court in 2015 KW 1906. Although the trial court did not conduct a contradictory hearing on relator's pro se motion for speedy trial filed on January 12, 2015, prior to denying the motion as required by La. Code Crim. P. art. 701(F), relator's only remedy is release without bail. However, because relator has recently been convicted of another felony and sentenced, relator would not be eligible for release from jail at this time. Moreover, it is noted that relator is represented by counsel, and a counseled motion to continue and a number of joint motions to continue have been filed in this matter.
JMG
JTP
Whipple, C.J., dissents in part and would remand the matter to the district court for a hearing on relator's motion for speedy trial in compliance with La. Code Crim. P. art. 701(F). Relator filed a pro se motion for speedy trial on or about January 12, 2015, without the required affidavit by counsel. On February 22, 2016, the trial court denied the motion without a contradictory hearing. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT